Introduction of 329 BNS
Bharatiya Nyaya Sanhita (BNS) Section 329 defines and penalizes criminal trespass and house-trespass, protecting individuals and families from unlawful entry into their property or homes. Criminal trespass occurs when someone unlawfully enters or remains on another’s property with the intent to commit a crime, intimidate, insult, or annoy. House-trespass is a graver form, involving intrusion into dwellings, places of worship, or storage spaces. By replacing IPC Sections 441, 442, 447, and 448, BNS 329 reinforces the sanctity of private and sacred spaces, ensuring safety, privacy, and peace for lawful occupants.
The Bharatiya Nyaya Sanhita (BNS) Section 329 replaces the old Indian Penal Code (IPC) Section 441,442,447,448.
What is BNS Section 329 ?
BNS Section 329 defines Criminal Trespass and House-Trespass, covering actions where someone unlawfully enters another person’s property to commit an offense, intimidate, insult, or annoy the lawful occupant. It also prescribes punishments for these acts.
Under Section 329 of the bns act 2023
“Whoever unlawfully enters into or remains on the property of another person with the intent to commit an offense, to intimidate, insult, or annoy, commits the offense of criminal trespass. If such trespass occurs in a building, tent, or vessel used as a human dwelling, place of worship, or place of custody of property, it shall be considered house-trespass.”
1. Meaning of Criminal Trespass
- Criminal trespass occurs when a person unlawfully enters into another’s land or premises.
- The purpose of entry must be wrongful — such as to commit a crime, insult, annoy, or cause fear.
- Even if the initial entry was lawful, staying there unlawfully with a bad intent also becomes trespass.
- Example → Entering farmland to destroy crops, or walking into someone’s premises to threaten them.
2. Meaning of House-Trespass
- House-trespass is a special form of criminal trespass.
- It applies when trespass occurs in buildings, tents, or vessels used for living, storing property, or as places of worship.
- Even partial entry, such as pushing a hand or foot inside a house, counts as house-trespass.
- Example → Breaking into a temple, entering a locked house, or intruding into a storeroom.
3. Who is Covered?
This section applies to:
- Individuals → intruding into private land or houses.
- Groups → unlawful entry by mobs to intimidate or insult.
- Offenders with dishonest intent → thieves, vandals, or persons trying to harass lawful occupants.
4. Nature of the Offense
- Cognizable → Police can register a case and arrest without prior approval.
- Bailable → The accused can apply for bail.
- Non-compoundable → The case cannot be settled privately; it must go through legal process.
- Trial → Both criminal trespass and house-trespass are triable by any Magistrate.
5. Punishment under BNS Section 329
- Criminal Trespass → Up to 3 months imprisonment, or fine of ₹5,000, or both.
- House-Trespass → Up to 1 year imprisonment, or fine of ₹5,000, or both.
- Punishments are stricter for house-trespass because it violates the sanctity of homes, temples, and property storage places.
6. Examples of BNS Section 329
- Example 1 – Criminal Trespass:
Ravi enters his neighbor’s farm with the intent to damage crops. Even though he doesn’t commit theft, his intent makes it criminal trespass. - Example 2 – House-Trespass:
Mohan unlawfully enters a temple to shout insults and disturb worshippers. This is house-trespass under BNS 329. - Example 3 – Partial Entry:
Sunil pushes his hand through a window into someone’s house to unlock it. Even without full entry, it is house-trespass.
7. Importance of BNS Section 329
- Protects property rights and personal safety.
- Upholds the sanctity of homes and places of worship.
- Discourages unlawful intrusion, harassment, and intimidation.
- Provides legal remedies to victims of intrusion quickly.
Section 329 BNS Overview
BNS Section 329 defines criminal trespass and house-trespass. It punishes unauthorized entry into property with bad intent, such as committing crimes or causing annoyance. This ensures protection for private and sacred spaces.
Key Points of BNS Section 329
- What is Criminal Trespass?
- Criminal trespass means entering someone else’s property without permission.
- The purpose of the entry must be to commit an offense or to scare, insult, or annoy the person who owns the property.
- Even if someone entered lawfully, staying there unlawfully with such intent is also criminal trespass.
- This ensures that property rights are respected, and people feel safe in their spaces.
- What is House-Trespass?
- House-trespass is a type of criminal trespass that happens in a human dwelling (like a house), a place of worship, or a space used to keep property.
- This includes buildings, tents, or vessels (e.g., a boat used as a home).
- Entering such places without permission or legal authority is a serious violation.
- It specifically protects places where people live or hold valuable or sacred items.
- Partial Entry Counts as Trespass
- Even introducing a part of the body, like a hand or foot, into the property is considered trespass.
- You do not need to fully enter the property for it to be a crime.
- This ensures that even minimal physical intrusion is treated seriously.
- It protects property from any kind of unauthorized access.
- Purpose Behind Criminal Trespass
- The key factor is the intent behind the trespass.
- If someone enters with a bad purpose, such as stealing, harming, or threatening, it becomes criminal trespass.
- Accidental entry or staying without bad intentions does not count.
- This protects lawful entry while punishing dishonest intentions.
- Punishment for Criminal Trespass
- The punishment for criminal trespass is imprisonment for up to 3 months or a fine of up to ₹5,000, or both.
- This is meant to discourage people from entering someone else’s property unlawfully.
- The law considers it a minor offense but still ensures accountability.
- It is a cognizable and bailable offense, meaning police can investigate it, and bail can be granted.
- Punishment for House-Trespass
- House-trespass has stricter punishment: up to 1 year in jail or a fine of ₹5,000, or both.
- The higher penalty reflects the seriousness of entering a home or sacred place unlawfully.
- It is also a cognizable and bailable offense, handled by any Magistrate.
- This ensures strong legal protection for dwellings and personal spaces.
- Difference Between Criminal Trespass and House-Trespass
- Criminal trespass can happen on any property, like open land or a garden.
- House-trespass happens specifically in closed spaces like homes, temples, or storage areas.
- House-trespass carries a stricter penalty because it invades personal or sacred areas.
- Both offenses protect against unlawful actions but differ in severity.
- Classification of Offenses
- Both criminal trespass and house-trespass are bailable and cognizable.
- Cognizable means the police can register a case and start an investigation without prior approval.
- Bailable means the accused can secure release by providing bail.
- These provisions ensure quick legal action while respecting individual rights.
- Examples of Criminal Trespass and House-Trespass
- Example of criminal trespass: A person unlawfully enters a garden to harm someone or steal crops.
- Example of house-trespass: Someone breaks into a locked house or temple to commit theft.
- These examples show how the law applies to different situations.
- The intent behind the action plays a key role in defining the offense.
- Why BNS 329 is Important?
- BNS 329 protects people from unauthorized intrusion into their property.
- It creates boundaries for lawful and unlawful entry, ensuring peace and security.
- The law respects the sanctity of homes, worship places, and storage areas.
- By punishing offenders, it deters criminal behavior and upholds individual rights.
Examples of BNS Section 329 in Action
Example 1: Criminal Trespass
A enters B’s farmland with the intent to destroy crops or cause harm to the owner. Even though A did not commit any physical harm but entered with bad intent, it constitutes criminal trespass under BNS 329. A can be punished with imprisonment, a fine, or both.
Example 2: House-Trespass
C unlawfully enters D’s home to insult or intimidate D and refuses to leave despite repeated requests. Even though C does not physically harm anyone, the act of unlawful intrusion into a dwelling is house-trespass. C can face imprisonment for up to one year or a fine of ₹5,000.
BNS 329 Punishment
Punishment for Criminal Trespass: Imprisonment up to 3 months, or a fine of ₹5,000, or both.
Punishment for House-Trespass: Imprisonment up to 1 year, or a fine of ₹5,000, or both.
BNS 329 bailable or not ?
BNS Section 329 offenses are bailable, meaning the accused can secure release on bail.
Bharatiya Nyaya Sanhita Section 329
| BNS Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| 329(3) | Criminal Trespass | 3 months imprisonment, ₹5,000 fine, or both | Bailable | Cognizable | Any Magistrate |
| 329(4) | House-Trespass | 1 year imprisonment, ₹5,000 fine, or both | Bailable | Cognizable | Any Magistrate |
Comparison: BNS Section 329 vs IPC Sections 441–448
| Aspect | BNS Section 329 | IPC Sections 441–448 |
|---|---|---|
| Definition | Covers both criminal trespass and house-trespass under a single section, focusing on unlawful entry with intent to commit an offense, intimidate, insult, or annoy. | IPC separately defined criminal trespass (441), house-trespass (442), and provided punishments under 447 and 448. |
| Scope | Applies to any unlawful intrusion on land, premises, dwellings, religious places, or property storage areas. | Focused separately on criminal trespass and house-trespass, without unified treatment. |
| Punishment (Criminal Trespass) | Up to 3 months imprisonment, ₹5,000 fine, or both. | Similar punishment under IPC Section 447 (3 months imprisonment, fine, or both). |
| Punishment (House-Trespass) | Up to 1 year imprisonment, ₹5,000 fine, or both. | Under IPC Section 448, imprisonment up to 1 year, fine up to ₹1,000, or both. |
| Bailable / Cognizable | Bailable and cognizable – police can take action and accused can seek bail. | Generally bailable and cognizable depending on the section. |
| Trial | Triable by any Magistrate. | Also triable by any Magistrate. |
| Simplification in BNS | Unified provision under one section for clarity and modern interpretation. | Spread across multiple sections, making interpretation longer and complex. |
BNS Section 329 FAQs
What is Criminal Trespass under BNS 329?
Criminal trespass is unlawfully entering or remaining on someone’s property with the intent to commit a crime, intimidate, insult, or annoy.
What is House-Trespass?
House-trespass is entering a building, tent, or vessel used for living, worship, or property storage with unlawful intent.
What are the punishments for criminal trespass and house-trespass?
Criminal trespass: Up to 3 months imprisonment, ₹5,000 fine, or both.
House-trespass: Up to 1 year imprisonment, ₹5,000 fine, or both.
Are these BNS 329 offenses bailable?
Yes, both criminal trespass and house-trespass are bailable offenses.
Conclusion
BNS Section 329 plays a vital role in protecting property rights, homes, and places of worship from unlawful intrusions. By clearly distinguishing between criminal trespass and house-trespass, the law ensures proportional punishment that reflects the seriousness of each offense. With imprisonment of up to 3 months for criminal trespass and up to 1 year for house-trespass, along with fines, the law acts as a deterrent against malicious intent and disrespect for private boundaries. This provision safeguards not only physical spaces but also the dignity and security of individuals, making it a cornerstone in maintaining peace and trust in society.
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